When delay in lodging FIR in matrimonial offence is not fatal to case?
justified in holding that there is good explanation for the delay in
lodging the FIR on 22.11.1993 because PW-15 delayed the inquest
proceedings without valid reasons leading to delay in the postmortem
examination as well and only on knowledge of the injuries etc. the
mother of the deceased gathered strength to lodge the FIR. When the
deceased died leaving a son of ten months old the mother of the
deceased had many other things to worry for, including cremation of
the dead body and in such circumstances the High Court was justified
in criticizing the trial court for its hyper technical approach in
blaming the mother of the deceased for lodging a delayed complaint. It
will be useful to remember that delay in lodging the FIR or complaint
is not fatal in all cases. The Court must show some sensitivity in
cases of present nature where the victim’s closest relation - mother is
a poor helpless lady. Even a well to do person may suffer a state of
mental confusion when struck by such a tragedy. The prosecution in
such cases is likely to be delayed further if the deceased has left
behind children. The issues relating to their safety and custody often
require higher priority. Occurrences of the present nature require
lodging of criminal case against persons who are already in the
category of relation by virtue of matrimonial ties through the deceased
and it is not always easy to take a decision whether to lodge a
criminal case against a relation or not. Hence in such cases the
factum of delay has to be dealt with sympathetically keeping in mind
the mental condition of the close relations of the victim. The trial court
miserably failed on this count too.
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.1358 of 2008
Satish Shetty …..Appellant
Versus
State of Karnataka …..Respondent
Dated:June 03, 2016.
SHIVA KIRTI SINGH, J.
https://www.lawweb.in/2016/06/when-delay-in-lodging-fir-in.html
